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Commercial Contracts
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November 12, 2025
Marathon Prevails In Texas Business Court Gas Contract Trial
A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.
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November 12, 2025
Conn. Judge Won't Stop Deutsche Bank's Vik Suit In Norway
A Connecticut federal judge declined Wednesday to put an end to litigation that Deutsche Bank AG brought against billionaire Alexander Vik and his daughter in Norway, deferring instead to a state court judge who is considering the same request.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 10, 2025
Disney, ESPN Move To Nix Trade Secret Suit Over Sports App
Disney and ESPN asked a New York federal judge Friday to end a tech startup's trade secrets misappropriation suit accusing them of using confidential information to launch a rivaling sports aggregation app that curates game-viewing options, arguing the parties' nondisclosure agreement doesn't prohibit them from independently developing similar products.
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November 10, 2025
NJ Panel Revives Compensation Case In $95M Real Estate Deal
A New Jersey appellate panel revived a dispute Monday over whether a Manhattan real estate executive was fully compensated for his work on a $95 million redevelopment project, ruling that a trial judge wrongly granted summary judgment despite ambiguities in the parties' complex profit-sharing agreement.
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November 10, 2025
Fiber Optics Co. Should Refile Antitrust Claims, Judge Says
A Texas federal judge said Monday a fiber-optics company should be required to refile its copyright infringement and antitrust claims against Parker-Hannifin Corp., but that a trade secret misappropriation claim should be left to stand as is.
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November 10, 2025
Best Buy Says CGL Policy, Not Auto, Covers Crash Settlement
Best Buy accused three AXA XL units of failing to properly cover its "multi-million-dollar" settlement of negligence claims over a fatal automobile collision involving an independent subcontractor, telling a Minnesota federal court its insurers have restricted coverage to an inapplicable auto policy with a $6 million deductible.
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November 10, 2025
Visa, Mastercard Cut New Deal Worth 'Well More Than $200B'
Visa, Mastercard and a class of potentially millions of merchants announced a new settlement Monday resolving two decades of antitrust litigation, which would permit more flexibility on what cards are accepted and would lower fees — with a five-year cap — to address a New York federal judge's concerns that an earlier version wasn't enough.
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November 10, 2025
Ex-Oura CEO Claims He Was Stiffed On Promised Stock
The former CEO of Oura Health has sued the smart ring maker in California federal court, claiming that despite working "tirelessly" and growing the health technology company into a multibillion-dollar success, he was ousted and the company's board reneged on promises to give him millions in stock options.
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November 10, 2025
RICO Defendant With $71M Verdict Warned Of Jail Time
A Texas federal judge told a man who is on the hook for a $71 million judgment after he ran a shakedown scheme against an investment management company that he had better hand over his financial records, saying Monday the alternative would include a trip to the local jail.
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November 10, 2025
Judge OKs $8M Deal For 'Rent-To-Own' Class, $2M Atty Fees
A class of consumers got the green light on an $8 million settlement with a financing company accused of charging excessive fees on rent-to-own agreements for storage sheds in violation of North Carolina laws, with class counsel securing more than $2 million in fees, court records show.
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November 10, 2025
Judge Ends Stay In Modoc Nation's $14.6M Fraud Lawsuit
An Oklahoma federal judge has lifted a pause in the Modoc Nation's $14.6 million lawsuit against a computer management company after the Tenth Circuit determined the tribe's former attorney general isn't entitled to sovereign immunity in the dispute.
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November 10, 2025
Harco Dodging $3.5M Bond Obligation, Construction Co. Says
Harco National Insurance Co. breached an insurance contract by refusing a Skanska Balfour Beatty construction venture's request to cover a nearly $3.5 million bond over a subcontractor's alleged lapses while working on a Washington state project, according to a lawsuit removed to federal court Friday.
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November 10, 2025
Humana Sues ChenMed In Del. Over 'Imposed' License Fees
Humana Inc. sued ChenMed LLC on Monday in Delaware's Court of Chancery, accusing the multistate senior healthcare network and its affiliates of imposing unauthorized technology license fees and other charges to siphon "tens of millions" in revenues from the insurance giant through the companies' JenCare joint venture.
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November 10, 2025
Mich. Contractor Loses New Trial Bid In Migrant Worker Suit
A Michigan federal judge said a farm labor contractor failed to identify any reasons for a new trial after a jury found it violated anti-trafficking and labor laws and breached employment contracts with farmworkers from Guatemala.
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November 10, 2025
Supreme Court Won't Hear 'Gone In 60 Seconds' IP Appeal
The U.S. Supreme Court said Monday it won't consider an appeal of a Ninth Circuit finding that customized Ford Mustangs called "Eleanor," featured in films like the Nicolas Cage film "Gone in 60 Seconds," are not a copyrightable character.
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November 10, 2025
Insurers Must Produce Docs In Hotel Co.'s COVID Dispute
Property insurers for luxury hotel chain Mandarin Oriental can't undo rulings forcing them to turn over documents related to their reserves, but may apply additional redactions to certain privileged legal advice, a New York federal court ruled in a dispute over COVID-19 business interruption losses.
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November 10, 2025
FTC Risks Help Push Metsera Back To Pfizer
Novo Nordisk AS' aspirations to pry Metsera away from Pfizer Inc. collapsed over the weekend under the pressure of a revised Pfizer offer, twin court challenges and "a call from the U.S. Federal Trade Commission."
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November 10, 2025
Sony, CBS Resolve Legal Fight Over 'Jeopardy!' Distribution
Sony Pictures and CBS Studios have announced that they've reached a settlement in a California state lawsuit over distribution of popular game shows "Jeopardy!" and "Wheel of Fortune," with Sony taking over distribution in steps over the next several years.
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November 10, 2025
Former Iconix CEO Sues Company, Ex-Protegé For $45M
Iconix Brand founder and ex-CEO Neil Cole, whose criminal fraud conviction was recently thrown out, filed a $45 million malicious prosecution and breach of contract lawsuit Monday in New York federal court against the brand management company and one of its former executives.
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November 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's top court issued a flurry of rulings last week and heard arguments on recently passed legislation that expanded liability shields for some corporate acts while the Court of Chancery passed on another round of arguments over control of Caribbean broadcaster Caribevision.
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November 10, 2025
Justices Won't Review Iraq's Immunity In $120M Contract Suit
The U.S. Supreme Court on Monday declined to review an overturned $120 million judgment that a Pennsylvania defense contractor secured against Iraq for the country's failure to pay for salvaging military equipment after the fall of Saddam Hussein's government.
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November 10, 2025
Justices Won't Hear Serta Simmons Ch. 11 Plan Challenge
The U.S. Supreme Court declined Monday to take up a challenge by Serta Simmons lenders to a Fifth Circuit ruling last year that rejected the mattress maker's controversial "uptier" debt exchange, choosing not to consider whether the appellate court erred in altering Serta's Chapter 11 plan without allowing a new vote on it.
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November 10, 2025
Justices Won't Wade Into Jurisdiction Question In Fee Dispute
The U.S. Supreme Court on Monday opted against taking up a dispute over an $829,000 award in favor of a satellite technology company that tested how far federal court jurisdiction extends to state law causes of action.
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November 07, 2025
Ex-Exec Of Cannabis Co. Wins $104M Over Canceled Stock
A New Mexico jury has awarded over $104 million to a businessman it found was wrongly stripped of his 5 million shares of bankrupt cannabis processor Bright Green after a handshake deal to bring him on as CEO fell apart.
Expert Analysis
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Negotiating Triparty Hotel Agreements To Withstand Risk
Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.